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Tarun Kalra LL.M, M.B.A   07 August 2008 at 07:52

contract act

hello dear,
can a 10+2 pass student who is of 16-17 year of age, who has signed the admission form(hardware computer course of jetking infrotrain), in which it is clearly mentioned that that fees is non-refundable, can claim fees refund later on ground that he is a minor and cant contract, so his fee must be refunded, can he do so? because the minors are alwyas sign admission forms. plz guide what to do, for not refunding his fee, as in future other students too take this plea and will demand their fees back.

R.Manivasagan   06 August 2008 at 21:42

Civil Law-CPC-Order 22 Rule 2

I Am for the Plaintiff side.It is suit for Declaration of Title. The 1st Defendant died on 14.07.2007. The 2nd Defendant is one of his son and the 3rd Defendant is his one of the daughters.The counsel for the defendant did not inform about the death of the 1st Defendant. Anyhow immediately after the knowledge we had filed an application on 25.12.2007 to impaled the LRs's of the deceased 1st Defendant (the wife and another son and another daughter). We did not file an application to set aside the abatement for non taking steps within 90 days. Before filing that application I had consulted with a senior Advocate and he advised me that if other Legal Heris of the deceased were already on record, the question of abetment will not arise. so, I had filed the application accordingly, but the Trial Court dismissed our application on the ground that we should file an application to set aside the abetment. Is it correct or shall I file a revision against that order or Can I file a review before the same court. Wether the senior advocates advise is correct or not please answer my query.

Subrahmanyam   06 August 2008 at 19:36

Appointment of MD in listed Co.

Say the position of MD is expiring in the middle of the year say on 1 Nov 2007, however no action is taken in this regard after that date. He is re-appointed in the share holders meeting conducted after 31 march 2008 with retrospective effect.

1) In such a case what is the law, is the appointment valid,

2)Are the transactions done in between 1 Nov 2007 and 31 March 2008 valid even if they are not specifically ratified

punit   06 August 2008 at 16:01

N.I. ACT U/S 138

SIR,
PLZ SEND ME A JUDGEMENTS ON CHQUE BOUNCE CASE I WANT TO RESTORE MY PETITION FROM HIGH COURT. MY CASE WAS DISMISSED BY ACJM COURT FOR NON PRASENTS OF ADVOCATE AND ALSO COMPLAINTENT

sunty   06 August 2008 at 14:53

wrong registry

a 75 years old lady is owner of some land house and shops. she has four child two sons and two daughter all married.she is alive and residing with her doughter, one day her grandson picked her and thumbed some papers after one month she come to know all property is registered with someone else, in this case how can she get back his property.
may be property is the name of her grandson or her daughter in law's name.

hemant   06 August 2008 at 14:50

taking up consulting assignment after office hours

Is there any law covering the protection of an employee working in a government undertaking who wants to take up small time consulting jobs during his free time without compromising his official duties?

nayana   06 August 2008 at 14:50

courses to select

i have done my pe2 i need to go for any course relates to law i m serching for the courses which have duration of 2yrs.or pls give any site addrese to find

JAGADEESH GOVIND   06 August 2008 at 14:09

Privity of contract

Dear sir,
I would like to produce a licence deed in the court as an evidence. But I am not a party in the agreement. Pl advice whether I could produce it ? If the opposite party raise the contention that I am a third party and no locus standi to produce the agreement. How could I defend it ? Whether it is hit by the principle Privity of contract ?
Jagan

Dhrumil   06 August 2008 at 12:34

Taxation aspect of Venture Capital

Can any one have idea of taxation aspect of setting up venture capital

R.VENKATESAN   06 August 2008 at 12:31

EVIDENCE ACT

One Mr. X is the absolute owner of an immovable property. X avails a loan for which the creditor obtains a registered sale agreement in favour of one Y and a General Power of Attorney (registered) in his favour i.e creditor.The said registered agreement and GPA were executed during Febraury,2000 on the same day. Mr.X executes an unregistered Will bequeathin the said property in favour of his wife Z during April,2000. Since August 2000, X is missing. A police complaint was lodged by Z (wife of X alongwith her son) and also paper publication (public notice regarding missing was also given in local dailies) during Early 2001. The Police Authorities have issued a No traceable Certificate during June2008. In the meanwhile, the Agreement holder Y is dead during the year 2004. The creditor who is holding the GPA executes a registered sale deed in favour of the legal representatives of Y during May,2008. The value of the property as on today is multifold and the amount mentioned in the sale agreement during 2000 is rs. 3,00,000/-.In the sale agreement it is receited that a sum of Rs.2,50,000/- was paid to X and the balance sale consideration payable is Rs.50,000/- only. Now Z wants to safeguard her property. The legal question is that whether there can be a presumption under Sections 107 and 108 of the Evidence Act that there is a Civil Death of X during the year 2007. consequently the GPA is invalid under law and thus the sale is not valid or whether the civil death can be considered only after the fact that the court declares the civil death and thereby there is a valid sale basing on the GPA. The other aspect is that whether the GPA is coupled with interest as per the provisions of Transfer of property Act. Whether the unregistered instrument requires probate? Request for solution with judgements of High Courts and Supreme courts on this point.

Whether wife of X can question the sale agreement executed by X during February 2000 as barred by time? Whether she can question that the transaction is only a finance transaction and the same cannot be enforced?